Mahabir Goyal v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44193 of 2016 Arising Out of PS. Case No.-2771 Year-2015 Thana- SIWAN COMPLAINT CASE DistrictSiwan ====================================================== Mahabir Goyal son of Banarasi Das Goyal, resident of A.B. - 49, Mianwali Nagar, Paschim Bihar, P.S. - Mianwali Nagar, New Delhi. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Ankur Kumar @ Ankur Goyal son of Late Krishna Kamal, resident of House No. 79 Packet - 13B, Sector No. 20 Rohani, P.S. - Begampur, New Delhi, presently residing at Village +P.O.- Sarsar, P.S. - Siwan Muffasil, District - Siwan.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jagnnath Singh, Advocate Mr. Md. Ghulam Mustafa, Advocate Ms. Jyoti Joshi, Advocate Mr. Deepak Kumar, Advocate For the State :

Mr. Ram Bilash Roy Raman, APP For the O.P. No.2 :

Mr. Anil Kumar Chaudhary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 24-01-2024 The present petition has been preferred by the petitioner against the impugned order dated 18.01.2016 passed by Ld. A.C.J.M.-VII, Siwan in Complaint Case No. 2771 of 2015 whereby cognizance of offence punishable under Sections 341, 323, 379 read with Section 34 of I.P.C. has been taken against the sole accused petitioner.

2. However during the pendency, the matter has been settled between the parties and hence, they had filed compromise petition before the Court below to drop the proceeding against the petitioner. The certified copy of the

Patna High Court CR. MISC. No.44193 of 2016(4) dt.24-01-2024 2/2 compromise petition filed before the Court below has been filed by way of supplementary affidavit and certified copy of the same is filed on record across the Board by Ld. counsel for the O.P. No.2, who is complainant and the same is taken on record.

3. Ld. counsel for the petitioner as well as Complainant who is Opposite Party No.2 admit the factum of the compromise.

4. In view of the subject matter of the dispute between the parties being trifle in nature, this compromise petition is accepted and the cognizance order dated 18.01.2016 passed in Complaint Case No. 2771 of 2015 as well as all the criminal proceedings arising out of the same pending in the court of ACJM-VII, Siwan are quashed in the interest of justice invoking Section 482 Cr.P.C.

5. Accordingly, the present petition is allowed. (Jitendra Kumar, J.) ravishankar/- U T